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Hearsay Evidence in Custody Cases
An admission ' an act or declaration of a party or his agent that constitutes evidence against the party at trial ' is an exception to the rule against hearsay. As a general rule, any declaration or conduct of a party or his agent, oral or written, that is inconsistent with that party's position at trial is admissible at trial as an admission. Read v. Mc Cord, 160 NY 330 (1899); Prince, Richardson on Evidence, 11th Edition, 8-201. An example of an admission is a party's statement of net worth. Fassett v. Fassett, 101 App Div 2d 604 (3d Dept. 1984) (valuation in statement of net worth of husband is an informal judicial admission).
In those custody cases in which former spouses have remarried, visitation issues are sometimes complicated by the new spouse's role in the household as part-time caretaker for the children ' or even just as the person who answers the telephone as the self-proclaimed spokesperson for the former spouse. When the new spouse plays an active role in the visitation process, contact between the former spouse and new spouse is inevitable, and may bring up evidentary problems.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.